A narrowly divided U.S. Supreme Court affirmed the authority of police officers yesterday to handcuff, arrest and jail people for minor offenses, such as not wearing seat belts.

The 5-to-4 ruling upheld the arrest and hourlong jailing of a Texas woman who had been pulled over by a police officer in 1997 for not wearing a seat belt and for not attaching the belts of her two children. She ultimately paid a $50 fine.

In its ruling, the Supreme Court denied the woman's right to sue a police officer, holding that her Fourth Amendment protection against unreasonable searches and seizures was not violated when she was handcuffed, arrested and briefly locked up in 1997 for not wearing a seat belt.

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"The Supreme Court decision is extremely disturbing," said Michelle Alexander, director of ACLU's Racial Justice Project in San Francisco. "It's a pointless indignity that serves no state interest."

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"Anytime you receive a citation, technically you're under arrest. But when you sign your ticket, you're released because you're agreeing to appear in court," said California Highway Patrol spokesman Steve Kohler.

The only way a routine traffic stop leads to an arrest is if police find more serious violations, such as driving under the influence, or if there's an outstanding arrest warrant, said San Jose Police Sgt. Steve Dixon. "We don't handcuff people for not wearing seat belts," he said.

San Francisco police spokesman Dewayne Tully called arrests for minor traffic violations extreme. "Normally, a person would not be arrested and taken into custody unless there was a gross infraction," he said.

The Supreme Court case stemmed from a 1997 incident in Lago Vista, Texas, when Gail Atwater, who had just picked up her two children from soccer practice, was pulled over because the three were not wearing seat belts.

She was handcuffed and taken to the police station. Police took a mug shot before she posted bond and was released. The woman later pleaded no contest to the seat belt offense and paid the maximum $50 fine.

Atwater and her husband, Michael Haas, sued the city and the police officer,

charging that they violated her constitutional rights.

The city's lawyer argued that police are allowed to make an arrest if they witness someone violating the law.

A federal district judge first threw out Atwater's lawsuit, but a three- judge panel of the U.S. Court of Appeals in New Orleans reinstated it. However,

the full panel of the same appellate court later ruled that she could not sue,

which led to yesterday's Supreme Court ruling.

Justice Sandra Day O'Connor, writing for the four dissenters, said yesterday's ruling could make the problem of racial profiling worse. She said the court's opinion ignores the Fourth Amendment's rule that searches and seizures must be reasonable.

Giving police "unbounded discretion carries with it grave potential for abuse," she said. "A relatively minor traffic infraction may often serve as an excuse for stopping and harassing an individual."

Justice David Souter was in the unaccustomed role of speaking for the court's conservative bloc. He said the history and tradition of the Fourth Amendment show it was intended to shield the privacy of homes. Those who are out on the streets, however, can be stopped and arrested if they are seen committing a crime, Souter said.

The states have widely varying policies on whether police can arrest people for minor offenses. Some states allow officers to arrest people for offenses punishable only by a fine, while others prohibit it. Some states let officers arrest someone they witness committing a misdemeanor offense only if the offense is considered a breach of peace.

During arguments at the Supreme Court last December, Atwater's lawyer said the Fourth Amendment restricts the use of arrest for minor offenses. The case would be different if someone were stopped for drunken or reckless driving, which could cause danger for others on the road if they were released, her lawyer said.

The case is Atwater vs. City of Lago Vista, No. 99-1408.

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